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HomeMy WebLinkAbout1985-12-04 Council MinutesI '-, AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 4, 1985 - 7sOO PW PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controveraial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD C. PUBLIC HEARINGS 1. Ord. 1094-85 - Amending Zoning Code - Landscape Regulations a. Amended Ord. 1094-65 2, Ord. 1096-85 - Increasing Rev/Appns - State Grant - Museum 3. Ord. 1099-85 - Increasing Rev/Appns - E. Kenai Sewer Interceptor, and Include Design of Water, Sewer, Road Improvements - School Site 4. Res. 85-109 - Establioh Rules b Regulations for Cemetery 5. Res. 85-110 - Transfer of Funds - Change Order N3 - Construction Unlimited - H.A.S. Project s. Change Order 03 - Construction Unlimited - H.A.S. Project 6. Res. 85-111 - Changing Street Names 7. *Renewal of Liquor License - American Legion Post #20 V D. 14INUTES 1. *Regular Meeting, November 20, 1985 E. CORRESPONDENCE 1, *Thermal Reduction - Juneau New Solid Waste Disposal Facility 2. *U,S. Secy of Treasury - Federal Revenue Sharing F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitione Exceeding $1,900 3, *Ord. 1100-85 - Rezoning - Portion of What is Known as Lawton Acres 4. *Ord. 1101-85 - Amending Kenai Municipal Code - Lessee of Airport Lands Must Lease for Two Years Before Purchase 5. *Ord. 1102-85 - Increasing Rev/Appne - Repay FAA and State for Prior Grant Reimbursements 6. Discussion - Classification Study 7. Discussion - Authorization for Additional Services - B. Nelson - Lake, Marine, Granite Pt., FBO, Main St, Loop S. Discussion - Additional Street Lights H. REPORIS 1. City Manager 2. City Attorney 3. Mayor 4, City Clerk 5. Finance Director 6, Planning & Zoning 7, Harbor Commission 8. Recreation Commission 9, Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT i p, r . ' dr t f• a KENAI CITY COUNCIL, REGULAR MEETING, MINUTES DECEMBER 4, 1985, 7sOO PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents .Jess Hall, Ray Measles, Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly, Sally Beilie Absents None A-1 Agenda Approval a. Mayor Wagoner asked that the PO for $2,049.49, NC Machinery, distributed this date, be added to item G-2 (Requisitions Exceeding $19000). b. Mayor Wagoner asked that item C-3, Ord. 1099-85 (Water, Sewer, Road Improvements) be amended to C-3a; approval of the project be listed as item C-3. Council approved the agenda as amended. A-2 Consent Agenda MOTIONS Councilman Measles moved, seconded by Councilman Hall, to approve the Consent Agenda as submitted. Councilwoman Monfor requested item G-3, Ord. 1100-85 (Lawton Acres Rezoning) be deleted from the Consent Agenda. Motion as amended passed by unanimous consent. S. PERSONS PRESENT SCHEDULED TO BE HEARD !lone C. PUBLIC HEARINGS C-1 Ord. 1094-85 - Amending Zoning Code - Landscape Rego. a, Amended Ord. 1094-85 MOTION: Councilman Ackerly moved, seconded by Councilman Hall, to adopt the ordinance. There was no public comment. Mayor Wagoner noted the Landscape Board was to submit an amended ordinance, it has not been received yet. MOTION, Postpones Councilman Hall moved, seconded by Councilman Measles, to postpone action till the Dec. 18 meeting. Motion to postpone passed by unanimous consent. C-2 Ord. 1098-85 - Increas. Rev/Appns - State Grant - Museum MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passeo unanimnusly by roll call vote. KENAI CITY COUNCIL DECEMBER 4, 1985 Page 2 C-3 Ord. 1099-85 - Increay. Rev/Appns - E. Kenai Sewer Interceptor, & Include Design of Water., Sewer, Road Improvements - School Site APPROVAL OF WINCE, CORTHELL, BRYSON PROPOSALS Finance Director Brown explained, $17,000 is for the road portion. MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, for approval of the contract. Councilman Ackerly asked if we could chargA the design costs to the LID if it is formed. Finance Director Brown replied, he did not think so. Councilman Hall asked why the road was changed down Swires. Public Works Director Kornelis explained, a) There is a wianhole down Swires. Everything right of that is pressure system; all to the left is gravity. It would be expensive to tie into the pressure system. b) It is in wetlands. c) The Forsi design is this pattern. Councilman Wise noted this is Borough land. Mr. Kornelis said -re will be able to serve all the lots this way. Council discussed the location of the swampland, Mr. Kornelis will check on it. Mayor Wagoner said, by going down Swires to Lawton they would spend less money on construction. We are going into raw land snd subdividing for the Borough. The Borough has not released that property, it would improve it for them and increase the value. Councilman Wise said phase 1 is to the golf course, phase 2 is to put it on the shelf to wait for the Borough to release the lands. Phase 3 is engineering to Thompson Pk. City Manager Brighton said Borough engineer Conyers has been waiting an answer from the City regarding the school. Mr. Brighton told him the City may do the engineering & design, but not the project. Mr. Conyers wants another meeting on this. MOTION, Amendments Councilman Measles moved, seconded by Councilwoman Monfor, to amend the proposal to delete phase 3. VOTE, Amendment (Passed): Yost Hall, Measles, Monfor, Wagoner, Ackerly, Bailie Not Wise VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-3a Ord. 1099-85 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion failed unanimously by roll call vote. C-4 Res. 85-109 - Establish Rules A Rego for Cemetery MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. KENAI CITY COUNCIL DECEMBEiR 4, 1985 Page 3 Council agreed to accept this, draft an ordinance and rescind this resolution. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilman Ackerly, to amend Article 1, Section 1, line 3. Change "21x2'x2l" to "appropriate size." Motion passed by unanimous consent. Mayor Wagoner referred to Article 3, Section 1. The City should contract the opening & closing, the funeral home should collect the funds. There should he different charges for winter & summer. Clerk Whelan reviewed Ketchiken's charges and noted they do not have the freezing problem we do. Mayor Wagoner asked about indigent charges. Clerk Whelan explained the State has funds for this. Councilwoman Monfor noted the 91A and other groups may have funds also. MOTION, Amendments Councilman Ackerly moved, seconded by Councilman Measles, that Article 1, Section 2, the cost of opening & closing the graves would be $600 for adults, $300 for infants and $200 for cremains. VOTE, Amendment (Passed)s Yess Hall, Measles, Wise, Wagoner, Ackerly, Bailie Nos Monfor Mayor Wagoner noted Article 1, Section 6. It is not State law that they cannot bury outside of a cemetery. NOTION, Amendments Councilwoman Bailie moved, seconded by Councilwoman Monfor, that Article 3, Section 2, be amended to read, "Individual grave markers. Only ground level markers set in a concrete base shall be used." Motion passed by unanimous consent. VOTE, Main Motion as Amendeds Motion passed by unanimous consent. C-5 Res. 85-110 - Transf. of Funds - Change Order 03 - Construction Unlimited - H.A.S. Project e. Change Order p3 - Construction Unlimited - N.A.S. Project MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-5a Change Order 03 MOTIONs Councilman Wise moved, seconded by Councilwoman goalie, to approve the change order. Motion pauaad by unanimous consent. 0 Si. KENAI CITY COUNCIL DECEMBER 4, 1995 Page 4 i j C-6 Res, 85-111 - Changing Street Names NATION: Councilman Wise moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public, comment. Notion passed by unanimous consent. C-7 Renewal of Liquor License - Am, Legion Post i12n Approved by Consent Agenda. D. MINUTES D-1 Regular Meeting, Nov. 20, 1985 Clerk Whelan Said that page 5, item C-8, Councilman Ackerly voted yes, Mayor Wagoner voted no, fdf.nutes approved as amended by unanimous consent. "1 E. CORRESPONDENCE F.-1 Thermal Reduction - Juneau New Solid Waste Disposal E-2 U,S, Seey,of Treasury - Federal Revenue Sharing Approved by Consent Agenda. F. OLD BUSINESS None G. NEW BUSINESS - G-1 Bills to be Paid, Bills to be Ratified HOTIONs Councilman Measles moved, seconded by Councilman Nall, to approve the bills as submitted, Motion passed by unanimous consent. G-2 Requieitiona Exceeding $1,000 MOTION: f Councilman Nall moved, seconded by Councilman Measles, to approve the requisitions, including $2,049.49, NC Machinery, Loader parts; as submitted this date, Notion passed by unanimous consent. f G-3 Ord. 1100-85 - Rezoning - Portion of What is Known as Lawton Acres MOTIONt Councilman Ackerly moved, seconded by Councilwoman Monfor, to introduce the ordinance. 1 Councilwoman Monfor noted this was defeated by P61, the people in the area urn against it. There is enough city and private land for them to consider. Councilmen Ackerly J{ suggested it be rezoned commercial to the gully. 9 a KENAT CITY COUNCIL DECEMBER 4, 1985 Page 5 MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance, 4th WHEREAS, line 1, add "disapproval" in the blank. Section 1, line 2, add "rezoned to General Commercial" in the blank. VOTE. Amendments Motion passed by unanimous consent. Councilwoman Bailie said it is not time to rezone. It concerns her that a conservation zone in the municipality has no protection. She suggested future rezoning go to a vote of the people. If the rigi;t Business comes in with the right price, every piece of property in the city would be up for grabs. Mayor Wagoner said he was not sure the ordinance would allow a vote and it would be cumbersome. He felt it was up to the people to got involved. Councilman Hall said the section fits into the mold of commercial, but many people do not want it. It should not be a permanent solution. VOTE, Main Motion as Amended (Paseed)s Yess Hall, Measles, Wise, Ackerly Nos Monfor, Wagoner, Bailie Mayor Wagoner asked if there should be an appeal if it is turned down by P&Z. Atty. Rogers said he will review and report to Council. G-6 Discussion - Classification Study Councilwoman Monfor noted this was discussed last year during budget hearings, nothing hoe been done. At Municipal League, she heard the State had done a classification study. She would like to have a study done before the next budget session. She noted the City Manager, City Attorney and Clerk have never been evaluated. Councilman Wise said it wao too late to do before this year's budget seusion. Council agreed to see if the study is feasible, how long it would take to do. Councilwoman Bailie said Eleanor Andrews, (Commissioner of Administration) discussed this at Municipal League, the individual who did the work was from Washington State. Mayor Wagoner added, the cost is a concern also. If they go ahead with the study, Council will have to be willing to go ahead with the recommendations. City Manager Brighton noted he has received a copy of a salary study from Municipal League regarding various cities in the State. He will send it to Council. Council agreed to have Administration contact Eleanor Andrews regarding a study and report back to Council at the Jan. 8 meeting. G-7 Discussion - Authorization for Additional Services - R. Nelson - Lake, Marine, Granite Pt., FRO, Main St. Loop Councilman Ackerly asked the lights were going to be put back at the intersection. Public Works uirector Kornelis replied, they will be off till the new lights are on in Jan. MOTIONS Councilwoman Monfor moved for approval of the additional services. Motion failed for lack of a second. I i x . i e� s -% XENAI CITY COUNCIL DECEMBER 4, 1985 Page 6 Mayor Wagoner asked if this wan caused by the City or the contractor, Mr. Kornelis replied, the City authorized additional work. Mr. Nelson explained, there in no contractual obligation by the City to pay, It was work that needed to be done, in excess of his contract. G-8 Discussion - Additional Street Lights Councilman Ackerly asked if we had discussed with HEA the annual charge per pole. Public Worku Director Kornelis replied, the HEA rep. had said ho thought we could get around it by not putting in meters and work something out. HEA will meet with APUC, they most once per year. Council agreed to direct Administration to contact Mr. Ramey (HEA) in writing so to what the situation is and what he will do. H, REPORTS H-1 City Manager City Manager Brighton spoke. a, He has the preliminary airport master plan to distribute to Council, b. Enstar has requested a meeting with Mr. Brighton and Atty. Rogers, Mr. Brighton asked that members of Council attend also. They want to know if the City Intends to buy the utility back in 1987. Councilman Wise suggested going to ONR, Div, of Oil & Gas and got the participating unit for Cannery Loop. We need to know what type of royalty the City will get, what is the dedication; and get all information we can from Enster, Mayor Wagoner said it would not be smart to tell Enstsr what we are willing to buy. Councilman Ackerly added, we ohould continue to pursue sources of gas available to us. Councilman Wise uuggested waiting till for the results of the Union Oil suit also. Council agreed not to schedule a meeting till Council decides what they want and has a work oession, c, Last May the Borough assumed street naming powers by ordinance. Council directed Administration to submit an objection to the Borough. P&Z Commissioner Bryson will work with the Borough. The Council passed a resolution this date to name their own streets, in contradiction to Borough ordinance. d, The preliminary report of the Borough Comprehensive Plan was in the packet. H-2 Attorney Atty. Rogers spoke. s. He has copies of the APUC utility relocation brief, he will distribute. b. He received notice of an opening in an emergency management meeting in Washington D.C. and attended lost month. He noted the people least pteparad to deal with emergencies are not the police and fireman, but Council, attorneys, mayors, city monageru, etc. The meeting is federally funded. They will come to a community and assess potential emergencies. He will contact the Borough to see if they will coordinate a sossion for us. Ho would encourage Council membero to attend. a KENAI CITY COUNCIL DECEMBER 4, 1985 Pago 11- 3 Mayor Mayor Wagoner opoke. 8. Regarding the letter of prote.at to the Borough on the hospital land purchase, City Manager Brighton was asked to represent the City at the meeting in Aleyesks thin week, City Manager Brighton explained, the meeting in Aloyeaks woo not a board meeting, It woo described as a retreat. 3 members of the Board, 2 or 3 doctors and hospital administration. The purpose was to discuss long term plane for the hospital, Mr. Brighton is scheduled to leave for National League of Citiea, he is a member of the Small Cities Committee. Someone will be attending the hospital meeting. He felt there is a shortage of doctors in Kenai and N. Kenai, and something should be done to encourage doctors to come to the area. b, John Wood, Co -Chairman of the Cemetery Committee has j left the area, and has boon replaced by Randy Pierce. Mayor Wagoner asked that Mr, Pierce replace Mr. Wood on the Committee. Council agreed to the change. MOTIONS Councilwoman Bailie moved, seconded by Councilman Ackerly, to dismiss the Cemetery Committee upon enactment of the ordinance relating to the cemetery. Motion passed by unanimous consent. e. Mayor Wagoner would like to revie« all commissions and l committees with Clerk Whelan, d. Regarding the Comprehensive Plan. Mayor Wagoner felt it was written by environmentalists. He is not willing to accept it. Councilwoman Bailie noted there was a problem with communications at the last meeting. Soldotno had problems also. The Borough representative has egid the Plan would be brief, to the point and i workable, This is not, Mayor Wagoner added it was not to bo accepted by the Borough till the cities had i ! approvod it. Councilman Wise said he woo concerned j with the economic analysis, it was doom k gloom. He asked what we should be doing to enhance the economic viability of the City. If Diamond -Shamrock goes, what — should we be doing regarding this? e. Councilman Ackerly asked if the work session regarding fi inauranee would be re -:scheduled. Atty. Rogers replied, he is waiting for FAA material regarding the airlines finding us in violation. He asked that the work session be in City Hall so it could be recorded. Council agreed to a work aoasion Tueo., Dec. 17, at 6s00 PM Mayor Wagoner asked that other matters listed on the last work session agenda be added. Council agreed to the request. H-4 City Clerk Clerk Whelan spoke. r• }+ of Jan. 0ouneil mootingn. She suggested they be scheduled { for Jan. B and 22, 1'67. would be able to meet Jan. 15 & 1! 29. KENAI CITY COUNCIL DECEMBER 4, 1985 Page 8 MOTIONS Councilwoman Railie moved, seconded by Councilman Measles, to have the January Council meetings on Jan. 8 and Jan. 22. Motion passed by unanimous consent. b, Clerk Whelan reminded Council of the work session on the Comprehensive Plan scheduled for Wed., Jan. 11 at 6:00. H-5 Finance Director Finance Director Brown spoke. a, Regarding the Management Letter on Federal Grants (item H-5 in the packet). a) Airport Investment and Land Sale Reserves. He may havo to write an ordinance for this. b) Water & Sewer Fund. He will need Council direction on this. He will write an ordinance. c) Recording of Interest Income.He will comply with this. MOTIONS Councilman Wise moved, seconded by Councilman Measles, to pay off the debt, as requested by the Finance Director. Motion passed by unanimous consent. Councilman Ackerly complimented Mr. Brown on the clarity of his memo. b. Mayor Wagoner asked Mr. Brown, what is the fund balance? Mr. Brown replied, $4.8 Million - General fund $1.6 Million - Capital Improvement reserve $661,000 - Water & Sewer $1.3 Million - Airport c. Councilman Wise asked about the Borough meeting regarding revenue disbursements. Mr, grown replied, they are going to a different system. 80: in the some quarter will be paid, 35 days after the quarter ends. But they will be changing the filing period to monthly instead of quarterly. We will receive 1/12 each month. Atty. Rogers said he requested the City be given a list of arroarage by name & amount. With this system we will never have a current list. Councilman Wise asked if we are getting a copy of the audit on sales tax. Mr. Brown explained, it is not audited that way. H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Commission None H-9 Library Commission Chairman Sworner reported the next meeting will be in the activity room of the new addition. Architect Gintoli ►sported they had a substantial completion inspection, but it did not paan. It ahould be complete by Dec. S. i I I h 1 •� I 1 • 1 1 i KENAI CITY COUNCIL DECEMBER 4, 1985 Page 9 I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Carmen Gintoli, 117 Deepwood Ct., Kenai. Regarding Ord. 1100-859 Rezoning of Lawton Acres. This should be defeated. If an owner feels it should be rezoned, it should go to a board of appeals. b. Councilman Ackerly noted we are starting to see the cos:: of schools added to the tax bills. It was mis-sold to the public. Co Council asked if the rumors regarding lied Meyer not building next year are true. City Manager Brighton replied, he has a contract that is specific. Mayor Wagoner said he asked Mr. Brighton to review the contract and lease. This was in the Portland papers. They had 2 people here 2 weeks ago for an economic review. Councilman Ackerly noted if they purchase the property we lose control. He would encourage them to build, we do not want the some thing that happened across the street. Mayor Wagoner asked Mr. Brighton and Atty. Rogers to keep reviewing before the purchase is final. The purchase would come to Council before any action. Councilman Wise asked if they were current. Answer, yes. d. Councilwoman Bailie said at Municipal League she noted representatives from the Peninsula share many concerns with the City. She sugqested a joint meeting of city leaders to discuss school issue, sales tax, etc. She suggested some time in 39n. Council agreed to the suggestion. Mayor Wagor,ur will write a letter to each city mayor. e. Councilman Ackerly asked about the lights at the Intersection of Spur and Bridge Access Rd. He would like Administration to pursue thie, or not appropriate money for transformers. Public Works Director Kornelis explained, the transformers are for the intersection light. The present lights and poles "ill be removed. All the wires have been removed. We will have the new poles by ?pnuery. This is A State project. MOTIONS Councilman Wise moved, seconded by Councilwoman Monfort for Administration to send a letter to DOT Commissioner identifying the stupid Administrative problem. Motion passed by unanimous consent. f. Councilman Ackerly asked about the flashing sign at Bookeys. Atty. Rogers said Mr. Bookey was arraigned this date. All others are in compliance. Mayor Wagoner noted some of those Mr. Bookey had identified as illegal were not. He oddod, he hoc o permit for his temporary sign. ADJOURNMENTs Meeting adjourned at 9s45 PM. Janst Whelan p... �..-.. r•. ,.�,•.•,•-� City Clerk I I